Gotovina et al Judgement Volume I - ICTY
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Gotovina et al Judgement Volume I - ICTY

Gotovina et al Judgement Volume I - ICTY Gotovina et al Judgement Volume I - ICTY

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38905some persons. 3029 He approached some men inside a house, and one of them showedhim a document issued by the “office for trade” in Šibenik, authorizing them to collectcattle. 3030 The witness observed dead animals, including a donkey on a road and a horsethat had recently been shot dead. 3031 Flynn stated that Biovičino Selo was among theplaces most affected by burning. 3032738. In addition to the above evidence, the Trial Chamber has also considered theevidence of Rajko Guša and and Edward Flynn reviewed in chapter 4.2.8 (Kistanjetown).739. With regard to military presence in the villages, the Trial Chamber hasconsidered HV documentation. On 6 August 1995, on the basis of a verbal order by thecommander of the Split MD, Colonel Ivan Vukić ordered the 113th Infantry Brigade todeploy their troops in the wider area of Biovičino Selo in Kistanje municipality, withthe Brigade Forward Command Post in the village of Macure, in Kistanjemunicipality. 3033 He further ordered the 142nd Home Guards Regiment to deploy itstroops in the wider area of Oklaj village keeping the Regiment Forward Command Postin Oklaj village, as well as the 15th Home Guards Brigade to deploy its troop in thewider area of Ivoševci village keeping the Regiment Forward Command Post inKistanje village. He also ordered the joint VP company to deploy its troops in Drniš.Finally, he ordered that the final deadline for this troop deployment was 4 a.m. on 7August 1995. 3034 In this respect, the Trial Chamber has further considered P1200,reviewed in chapter 4.2.8 (Parčić).740. The evidence indicates that on or before 15 August 1995, persons referred to as“HV” burned houses in Biovičino Selo, Kolašac, and Macure. On the basis of this, theTrial Chamber is satisfied that these persons wore military-type uniforms. However, theevidence does not provide any factual basis for the qualification of them being HV.Consequently, the Trial Chamber cannot assess whether this qualification was made on3029 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 30; P38 (Weekly report fromHussein Al-Alfi, 2-8 September 1995), p. 4; P50 (HRAT daily report, 5 September 1995), p. 1.3030 P21 (Edward Flynn, witness statement, 26-27 February 2008), para. 30; P50 (HRAT daily report, 5September 1995), p. 1.3031 P20 (Edward Flynn, witness statement, 29 June 1997), p. 33; P21 (Edward Flynn, witness statement,26-27 February 2008), para. 30; P38 (Weekly report from Hussein Al-Alfi, 2-8 September 1995), p. 4;P50 (HRAT daily report, 5 September 1995), p. 1.3032 P20 (Edward Flynn, witness statement, 29 June 1997), p. 37; P38 (Weekly report from Hussein Al-Alfi, 2-8 September 1995), p. 4.3033 P1128 (Order of Ivan Vukić on regrouping of OG Šibenik troops, 6 August 1995), pp. 1-2.3034 P1128 (Order of Ivan Vukić on regrouping of OG Šibenik troops, 6 August 1995), p. 1.410Case No.: IT-06-90-T 15 April 2011 `

38904a proper factual basis. Nor has the Trial Chamber received sufficient evidence aboutwhich armed forces, if any, where present in or in the vicinity of Biovičino Selo,Kolašac, or Macure at the time. The Trial Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the alleged perpetrators. Under thesecircumstances, the Trial Chamber will not further consider the above incidents inrelation to Counts 1 and 5 of the Indictment.741. The evidence further indicates that on 5 September 1995, in Biovičino Selo, inKistanje municipality, persons referred to as soldiers were ransacking houses. In thisregard, the Trial Chamber relies on the contemporaneous description of ”ransacking”and the testimony of Flynn, as opposed to Maria Teresa Mauro’s qualification of“looting”. Based on Maria Teresa Mauro’s description of these persons as soldiers, theTrial Chamber is satisfied that the persons wore military-type uniforms. The Chambernotes that they had a document issued by the office for trade in Šibenik authorizingthem to collect cattle. The above evidence does not establish to which armed forces, ifany, the alleged perpetrators belonged. Nor has the Trial Chamber received sufficientevidence about which armed forces, if any, were present in or in the vicinity ofBiovičino Selo at the time. The Trial Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the alleged perpetrators.742. In relation to Edward Flynn and Rajko Guša’s evidence about the burning ofBiovičino Selo and Edward Flynn’s evidence of dead animals, the Trial Chamber hasreceived insufficient evidence as to when, the circumstances under which and by whom,houses were set on fire and animals were killed. Under these circumstances, the TrialChamber will not further consider these incidents in relation to Counts 1, 4, and 5 of theIndictment.Gošić743. The Trial Chamber has received relevant evidence with regard to allegeddestruction and plunder in Gošić in Kistanje municipality primarily through thetestimony of Milan Letunica.744. Milan Letunica, a Serb inhabitant of the Serb village of Gošić in Kistanjemunicipality, 3035 testified that on 7 August 1995 he witnessed from the forest where he3035 P635 (Milan Letunica, witness statement, 22 April 1998), pp. 1-2.411Case No.: IT-06-90-T 15 April 2011 `

38904a proper factu<strong>al</strong> basis. Nor has the Tri<strong>al</strong> Chamber received sufficient evidence aboutwhich armed forces, if any, where present in or in the vicinity of Biovičino Selo,Kolašac, or Macure at the time. The Tri<strong>al</strong> Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the <strong>al</strong>leged perp<strong>et</strong>rators. Under thesecircumstances, the Tri<strong>al</strong> Chamber will not further consider the above incidents inrelation to Counts 1 and 5 of the Indictment.741. The evidence further indicates that on 5 September 1995, in Biovičino Selo, inKistanje municip<strong>al</strong>ity, persons referred to as soldiers were ransacking houses. In thisregard, the Tri<strong>al</strong> Chamber relies on the contemporaneous description of ”ransacking”and the testimony of Flynn, as opposed to Maria Teresa Mauro’s qu<strong>al</strong>ification of“looting”. Based on Maria Teresa Mauro’s description of these persons as soldiers, theTri<strong>al</strong> Chamber is satisfied that the persons wore military-type uniforms. The Chambernotes that they had a document issued by the office for trade in Šibenik authorizingthem to collect cattle. The above evidence does not establish to which armed forces, ifany, the <strong>al</strong>leged perp<strong>et</strong>rators belonged. Nor has the Tri<strong>al</strong> Chamber received sufficientevidence about which armed forces, if any, were present in or in the vicinity ofBiovičino Selo at the time. The Tri<strong>al</strong> Chamber is therefore unable to draw anyconclusions regarding the identity or affiliation of the <strong>al</strong>leged perp<strong>et</strong>rators.742. In relation to Edward Flynn and Rajko Guša’s evidence about the burning ofBiovičino Selo and Edward Flynn’s evidence of dead anim<strong>al</strong>s, the Tri<strong>al</strong> Chamber hasreceived insufficient evidence as to when, the circumstances under which and by whom,houses were s<strong>et</strong> on fire and anim<strong>al</strong>s were killed. Under these circumstances, the Tri<strong>al</strong>Chamber will not further consider these incidents in relation to Counts 1, 4, and 5 of theIndictment.Gošić743. The Tri<strong>al</strong> Chamber has received relevant evidence with regard to <strong>al</strong>legeddestruction and plunder in Gošić in Kistanje municip<strong>al</strong>ity primarily through th<strong>et</strong>estimony of Milan L<strong>et</strong>unica.744. Milan L<strong>et</strong>unica, a Serb inhabitant of the Serb village of Gošić in Kistanjemunicip<strong>al</strong>ity, 3035 testified that on 7 August 1995 he witnessed from the forest where he3035 P635 (Milan L<strong>et</strong>unica, witness statement, 22 April 1998), pp. 1-2.411Case No.: IT-06-90-T 15 April 2011 `

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